Mistake in Court Order/stipulation

[summerdawn]

What is the name of your state (only U.S. law)? Ca

Dad and I mediated our problems out, and signed a stipulation to submit to the judge to be signed. I am not sure if it has actually gone through yet, but apparently the final draft of the stipulation had a mistake on it. It states that dad gets every single Sunday. This is ironic because SM has been trying to convince me to give up my 1st and 3rd Sundays for a while (pretty much ever since dad started getting visitation). I was unaware of this mistake until I got an email from "dad" (SM, probably) stating that according to the CO I signed they have every single Sunday and they would be here today with the order in hand to pick up the children. I didn't get the email until after the pick up time. Apparently, they showed up to pick up the girls while we were still at church. I don't know if they filed a police report or not, as I wasn't home.

I KNOW what I signed and it did NOT say that they have the girls every single Sunday. They have tried to get me to consent to that for over a year now and I haven't because I know, from the first mediator we had, that I have a right to every other weekend with the kids under Califiornia standard visitation guidelines. I don't have a copy of what I signed yet because I told them I would pick it up after the judge signed it.

I don't know if the stip has been signed by a judge yet, and I want to know how I can have it corrected because I do NOT consent to giving up my kids every Sunday. Do I have any recourse? I'm going to call the courts tomorrow to see what is going on with it, but I don't know if I have to file anything, or what to do. I am seriously irritated.

 

[Ohiogal]

Did you keep a copy of what you signed? Did you initial every page?

 

[Isis1]

from my understanding of CA courts, you have 15 days from the time the draft was submitted to the courts to contest the order. make corrections and such forth. so i'd go tomorrow and request that it would be revised.

and btw**************SUMMER!!!!

 

[summerdawn]

Did you keep a copy of what you signed? Did you initial every page?

I didn't take a copy with me because it didn't have the judge or the other parent's siggy yet so I figured I would pick it up when it was signed by the judge.

I didn't initial every page, the page with the typo was not initialed. I only signed the last page. I looked at the stip today and it does indeed state every Sunday. I guess I have so much going on right now I just overlooked the first paragraph after the mediator said "Visitation will pretty much remain the same, besides these holidays." I skipped down to look at the holidays. But it didn't remain the same it gives them every single Sunday.

I have another court case going with my mom right now too so I was very distracted. I did what you guys told me to and filed papers to dissolve the guardianship and get my daughter back so that my mom doesn't take her to NC. (I don't know if you recall that one, my mom had guardianship over my oldest and is trying to take her out of state.) It's dragging through the whole summer, and my mom will not let me have cntact with my daughter until the court date.

I don't know if the stip has gone to the judge yet so i'm going to call the court and see if I can prevent it from getting to him until the mistake can be fixed. Now SM emailed me today under dad's name saying they will not give up Sundays and I can see them in court over it. This is so frustrating.

 

[summerdawn]

from my understanding of CA courts, you have 15 days from the time the draft was submitted to the courts to contest the order. make corrections and such forth. so i'd go tomorrow and request that it would be revised.

and btw**************SUMMER!!!!

Hi!!! It's been ages!!!

I'm going to call the courts right now and see if the stip has been put before the judge yet.